Ismail s/o Bakari v. R., Crim. App. 604-D-67, 4/10/67 Biron J.

 

Ismail s/o Bakari v. R., Crim. App. 604-D-67, 4/10/67 Biron J.

Accused was convicted of stealing vegetable owned by the Government (part of a prison farm crop) and of criminal trespass[P.C. s. 299(1)]. He had been apprehended on the night of the theft, with the vegetables in his possession, by two people who had found him hiding in the ceiling of their house. Accused ’s story was that he had been drinking and believed that he had seen a lion, from which he had been trying to escape.

            Held: Although the accused ’s story was properly rejected, his conduct disclosed no offence of trespass. Criminal trespass includes an entry upon property in possession of another “with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property …..” No such intention was proved here.